Sec. 21-96. "Obscene" defined.
The word "obscene," where it appears in this division, shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-372.
Sec. 21-97. Obscene items enumerated.
For the purpose of this division, obscene items shall include:
(2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, drawing, photograph, film, negative, slide, motion picture; or
(3) Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-373.
Sec. 21-98. Production, publication, sale, possession, etc., of obscene items.
(a) It shall be unlawful for any person knowingly to:
(1) Prepare any obscene item for the purpose of sale or distribution; or
(2) Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution; or
(3) Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or
(4) Have in his possession with intent to sell, rent, lend, transport or distribute any obscene item.
Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section.
(b) For the purposes of this section, "distribute" shall mean delivery in person, by mail or messenger or by any other means by which obscene items may pass from one (1) person to another.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-374.
Sec. 21-99. Obscene exhibitions and performances generally.
It shall be unlawful for any person knowingly to:
(1) Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibition or performance, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, structure, room or place which presents such obscene exhibition or performance shall be subject to prosecution under this section if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre other than receiving salary and wages; or
(2) Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theatre, garden, building, structure, room or place.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-375.
Sec. 21-100. Advertising, obscene items, exhibitions or performances generally.
It shall be unlawful for any person knowingly to prepare, print, publish or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item referred to in section 21-97, or of any obscene performance or exhibition referred to in section 21-99, stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-376.
Sec. 21-101. Obscene placards, posters, bills, etc.
It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print or mark, or caused to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing or picture which is obscene, or which advertises or promotes any obscene item referred to in section 21-97 or any obscene exhibition or performance referred to in section 21-99, or knowingly to permit the same to be displayed on property belonging to or controlled by him.
(Ord. No. 23359, § 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-377.
Sec. 21-102. Coercing acceptance of obscene articles or publications.
It shall be unlawful for any person, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, to require that the purchaser or consignee receive for resale any other article, book or other publication which is obscene. It shall likewise be unlawful for any person to deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books, or publications, or by reason of the return thereof.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-378.
Sec. 21-103. Photographs, slides and motion pictures generally.
Every person who knowingly:
(1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or
(2) Models, poses, acts or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution;
shall be guilty of a Class 3 misdemeanor.
(Ord. No. 23359, § 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-382.
Sec. 21-106. Exceptions from division.
Nothing contained in this division shall be construed to apply to:
(1) The purchase, distribution, exhibition or loan of any book, magazine or other printed or manuscript material by any library, school or institution of higher learning supported by public appropriation.
(2) The purchase, distribution, exhibition or loan of any work of art by any museum of fine arts, school or institution of higher learning supported by public appropriation.
(3) The exhibition or performance of any play, drama, tableau or motion picture by any theatre, museum of fine arts, school or institution of higher learning supported by public appropriation.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-383.
Sec. 21-109. Proceeding against book or motion picture alleged to be obscene.
Whenever there is reasonable cause to believe that any person is engaged in the sale or commercial distribution of any obscene book or motion picture film within the city, any citizen, the commonwealth's attorney or the city attorney may institute a proceeding in the circuit court of the city for adjudication of the obscenity of such book or motion picture film. The proceeding authorized to be instituted by this section shall conform in all respects to the procedure set out in sections 18.2-384 and 18.2-385 of the Code of Virginia.
(Ord. No. 23359, 12-6-76)
State law references:
Similar provisions, Code of Virginia, § 18.2-384.
Secs. 21-110--21-120. Reserved.
Sec. 21-121. Definitions.
For the purposes of this division, the following words and phrases shall have the meanings ascribed to them in this section:
Harmful to juveniles
means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
(1) Predominantly appeals to the prurient, shameful or morbid interest of juveniles;
(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles; and
(3) Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles.
Juvenile
means a person less than eighteen (18) years of age.
Knowingly
means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and the age of the juvenile; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.
Nudity
means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.
Sadomasochistic abuse
means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one (1) so clothed.
Sexual conduct
means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks or, if such be female, breast.
Sexual excitement
means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
State law references:
Similar provisions, Code of Virginia, § 18.2-390.
Sec. 21-122. Unlawful acts.
(a) It shall be unlawful for any person to knowingly sell or loan to a juvenile:
(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles; or
(2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles.
(b) It shall be unlawful for any person to knowingly sell to a juvenile an admission ticket or pass, or to knowingly admit a juvenile to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by juveniles not admitted to any such premises.
(c) It shall be unlawful for any juvenile falsely to represent to any person mentioned in subsection (a) or subsection (b) hereof, or to his agent, that such juvenile is eighteen (18) years of age or older, with the intent to procure any material set forth in subsection (a), or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection (b).
(d) It shall be unlawful for any person to knowingly make a false representation to any person mentioned in subsection (a) or subsection (b) hereof or to his agent, that he is the parent or guardian of any juvenile, or that any juvenile is eighteen (18) years of age, with the intent to procure any material set forth in subsection (a), or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection (b).
(e) A violation of this section shall constitute a Class 1 misdemeanor.
State law references:
Similar provisions, Code of Virginia, § 18.2-391.1.
Sec. 21-123. Exceptions from division.
Nothing contained in this division shall be construed to apply to:
(1) The purchase, distribution, exhibition or loan of any work of art, book, magazine or other printed or manuscript material by any accredited museum, library, school or institution of higher learning.
(2) The exhibition or performance of any play, drama, tableau or motion picture by any theatre, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds.
State law references:
Similar provisions, Code of Virginia, § 18.2-391.1.
Sec. 21-124. Definitions.
Expressive dance
means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is present primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas.
Public exposure
means the act of revealing, exhibiting or otherwise rendering open to public view.
Public place
means any place in which the general public has a right to be present, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided.
(1) A public exposure of any portion of the human anus or genitals; or
(2) A public exposure of any portion of the female breast lower than the upper edge of the areola; or
(3) A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or
(4) Any other lewd act, whether publicly performed or not.
(Ord. No. 29905, § 1, 1-2-90)
The prohibitions and regulations set forth in sections 21-125, 21-126 and 21-127 shall not apply to any:
(1) "Expressive dance" as defined in section 24-124;
(2) Play, opera, musical, or other dramatic work;
(3) Class, seminar, or lecture, conducted for a scientific or educational purpose;
(4) Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;
(5) Nudity or other exposure which, when considered in the context presented, provides actual literary, artistic, political or scientific value and is not provided for commercial or sexual exploitation or with emphasis on an appeal to a prurient interest.
(Ord. No. 29905, § 1, 1-2-90)
Secs. 21-129--21-134. Reserved.